Ordinance No. 71-38 ORDINANCE
CIT`' OF TIGARD, OREGON
AOORDINANCE IMPO`NG A TEMPORARY MORATORIUM ON THE ISSCiANCE OF
BUILDIiNG PERMITS WI"1UIN AN AREA SERVED BY AND LYING WESTERLY OF GAARDE
AVEiitis IN THE CITY OF TIGARD, SETTING A PUBLIC HEARING WITH RESPECT
THERETO, DIRECTING THE GT_VIVG OF ..OTICE THEREOF, PRESCRIBING Aid EF-
F!=IVE DATE AND DECLARING All E-MI:GENCY
Section 1: The City Council finds that by Resolution #71-15, a
comprehensive plan for future development of the Tigard
community was adopted by the City Council and designated the Tigard
Community Plan hereinafter sometimes termed "the plan."
Section 2: The City Council further finds that the plan involves
coivaunity planning needs and objectives and enunciates
policy statements with respect to the planning area, invluding com-
naunity goals, land use, traffic, circulation, water and sewer service,
parks and other kindred matters, and includes, among others, a policy
statement quoted as follows:
"Development will coincide with the provision
of public streets, water and sewage facilities. These
facilities shall be
(a) capable of adequately serving all intervening
properties as well as the proposed development,
and
(b) designed to meet city or county standards.:;
Section 3: The Council finds that the City has heretofore caused
to have .prepared a traffic study and program for the
'Tigard community by the engineeriri„ firm of Cornell, Howland, Hayes
aria: Korryfield, and that same is dated June 28, 1971, hereinafter
tersned the "Safety Program."
T11at said study and program, among other things, proposes
plans for streets, stpeet improvements and priorities, :aethods of
financing, traffic circulation and :statistical data relating to safety
of public ways in the Tigard community.
Section U: The Council finds that the Community Plan and the Safety
Program with the statistical and experience data therein
contained reliably emphasizes a fact of general knowledge --- that one
of the most congestiVe, sub-standard and acutely dangerous traffic
problems in the Tigard community is inherent at and in the near
vicinity of the intersection of SIJ. Pacific Highway (99W) and S.W.
Gaarde Avenue and that a high priority must be assigned for remedial
action with respect to which the City, Washington County, and the State
of Oregon, through its Highway Commission, have heretofore initiated
cost estimating procedures for program safety improvements at or near
the intersection.
Ordinance_ No.? Y_
Section 5: Consistent with said Community Plan and Safety Program,
the City Council hereby takes official notice of the
heavy average daily vehicular traffic and high actual and potential
accident rate at said Intersection.
Section 6: The City Council further finds that the heretofore
largely undevelopeC areas Westerly of Highway 99W now
served wholly ixiadequately by S.W. Gaarde Street, S.W. 121st Street,
or tributary side streets are proposed for early residential develop-
ment and construction and such proposals portend an immediate accelerat-
ed vehicular traffic congestion at the critical intersection of Highway
99W and Gaarde Street which will further restrict accessibility to
said areas by fire suppression equipment, ambulance, police and emer-
gency vehicles and thereby substantially interfere with the peace,
health and safety of the residents of the area and the users of said
public ways.
THE CITY OF 'TIGARD ORDAINS AS FOLLOWS:
Section 7: iii consideration of the foregoing premises, the public
peace, health, welfare and safety of present and future
residents of the area described on the attached sheet marked "Exhibit
All, and by this reference made a part hereof, and of the motorized
users of the public ways and of the people of the City of Tigard
generally, require the ir2neciiate enactment of this interim ordinance.
Section 6: That the City of Tigard does hereby declare a temporary
moratorium with respect to the issuance of building
permits for neva construction within that portion of the City of Tigard
dying within the area deucribed on the attached "Exhibit All and no
building_, permits for new construction within said area shall be is-
sued by the City of Tigard until said moratorium shall be removed by
further action of the City Council in consideration of the matters
hereinafter set .forth.
Section 9: That the moratorium shall be and remain in effect until
the City Council. has determined that essential improve-
ments have been substantially accomplished consistent with the Traffic
safety Program of .Tune 2$, 1971, with respect to vehicular traffic
In the area above described and thereby the present and potential
threat and danger to the peace, health, safety and welfara of the
people of the area aid the travelling public have been substantially
reduced and reasonably overcome.
Section 10: That the City Administration shall, with all reasonable
dispatch undertake to obtain cooperative and concerted
action by I:ashington County, the State of Oregon through its Highway
Commission., other public a,.encies, and the City, as necessary to ac
cor.:,lj.sh at the earliest practicable date, the following:
(a) Realignment of S.W. Gaarde Street to intersect
High,.-,ray 99W opposite A4cDonald Street to thereby
form and develop a four-quadrant signalized inter-
section
(b} Realignment of the frontage road in a westerly dir-
ection to intersect the realigned Gaarde Avenue
at a point sufficiently west of the intersection
E;
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Page 2 _ Ordinance Ido. /-3h
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thereof with JU hltay 99W to properly accommodate
vehicular traffic entering and departing from thu
frontage road end from SW Gaarde Avenue at such
intersection.
Section 11: The City Administration and all applicable components
thereof are hereby authorized and directed to accord
highest priority to the accomplishment of the foregoing and to under-
take such other and further steps as necessary to give effect to the
Tigard Conmunity Planond to the Traffic Safety Program generally in
the Tigard area with particular emphasis upon that area described in
"Exhibit All hereto attached, including, but not limited to common ef-
fort with the water district, fire district, Unified Sewerage Agency
and other public bodies concerned ;with public improvements and facili-
ties.
Section 12: That a public hearing be, and the same is hereby, called
to be held before the City Council of the City of Tigard,
and the City Planning Commission, sitting jointly, on
the?� day of January, 1972, at the hour of o'clockat which
time and place all interested parties and the general public may appear
and be heard with respect to the ;natters comprehended by this ordinance
and with particular regard to the continuing of this ordinance in full
force and effect until its objectives are attained.
Section 13: That the City Recorder be, and she is hereby, authorized
a:d directed to give due and legal notice of said public
bearing by publishing in the ja, r�.�o rear issue of the Tigard Times,
a newspaper of general circulation and published in the City of Tigard.
Section 14: Inasmuch as it is necessary for the peace, health, safety
and welfare of the people of the City of 'Tigard and the
area described in thin, ordinance that immediate action be taken to give
effect to the matters set forth in this ordinance, an emergency is hereby
declared to exist and this ordinance shall take effect upon its passage
by the Council and approval by the :°payor.
PASSED By unanimous vote of all Council members present, after
being read three tines by number and title only,
.his __day of
7.97��•
'Recon L - City of Ti rd
G
¢«
APPROVE; By the Mayor, this !G day af__7�l�f 'Y ,197
tor - City o_ Tigard
Page 3 - Ordinanceo;�l. _�
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MHIBIT "A"
Those parcels of land in Section 3 and Section 10, Township 2
South, lunge 1 West, Willax atte Meridian, Washington county,
Oregon, being more particularly described an follows:
z` PARCEL NO. 1: The South 1980.0 feet of said Section 3; EXCEPTING,
therefrom, the East 1.700.0 feet of the North 1630.0 feet; AND ALSO
EXCEPTING, therefrom, all that portion of land lying Southeasterly
of the Northwesterly right-of-wary boundary ]line of State primary
Highway :Ica. 1 West (S.W. Pacific Highway West) .
PARCEL NO. IZa The North 1320.0 feet of said Section 10; EXCEPTING,
therefrom, all that portion of lend lying Southeasterly of the
Northwesterly right-of-way boundary line of State Primary Highway
go. 1 Vilest (S.W. Pacific Highway Went) .
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